ASSIMILATION Act

(A) In general. Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Secretary of Homeland Security at the time of application for admission or adjustment of status, and based on objective evidence and the totality of the circumstances described in subparagraph (B), fails to establish the present ability and prospective capacity to support the alien and the alien’s dependents in the United States without reliance on means-tested public benefits is inadmissible.

(B) Factors to be taken into account. In determining whether an alien is inadmissible under this paragraph, the consular officer or the Secretary of Homeland Security shall consider, based on objective evidence and the totality of the circumstances, at a minimum, the alien’s—

(i) age;

(ii) health;

(iii) family status;

(iv) assets, resources, liabilities, and financial status;

(v) education and skills;

(vi) employment history, prospective employability, and expected lawful means of support;

(vii) history of receipt of means-tested public benefits, if any;

(viii) English proficiency;

(ix) such assimilation-related factors as the Secretary of Homeland Security may prescribe; and

(x) any affidavit of support required under section 213A and any bond posted under section 213 or 213A(g).

(F) Presumption from benefit dependency

(i) In general. An alien who is subject to this paragraph shall be presumed to have become a public charge if the alien receives one or more means-tested public benefits for more than 12 months in the aggregate within any 36-month period, such that receipt of two benefits in one month shall count as two months.

(ii) Rebuttal. The presumption under clause (i) may be rebutted only through objective evidence establishing that the receipt of benefits—

(I) was directly attributable to circumstances that arose after the alien’s admission or adjustment of status;

(II) was not reasonably foreseeable at the time of such admission or adjustment; and

(III) is not indicative of a present inability or prospective incapacity to remain self-sufficient in the United States.

(iii) Rule of construction. Nothing in this subparagraph may be construed to limit the authority of the consular officer or the Secretary of Homeland Security to determine, under the totality of the circumstances, that an alien is inadmissible under this paragraph, notwithstanding that the alien has not received benefits in the amount or duration described in clause (i).

(5) Public charge. Any alien who, at any time after the date of admission as an immigrant or adjustment of status to that of an alien lawfully admitted for permanent residence, has become a public charge, including any alien subject to section 212(a)(4) who meets the presumption described in section 212(a)(4)(F), is deportable, unless the alien establishes, through objective evidence, that the cause arose after such admission or adjustment from circumstances that were not reasonably foreseeable at the time of such admission or adjustment.